Resolving disputes need not be a trial

Disputes happen in the commercial world.

But how those disputes are resolved is the difference between painting-by-numbers legal process and how we work at Kain’s.

Too often, lawyers blindly assume disputes will have their day in court. But the truth is, 98% of disputes are resolved by some sort of commercial agreement without a trial. An exclusively trial-focused process is simply unrealistic in this day and age.

And it’s pretty clear why.

If it is resolved by agreement, you control the outcome. If it is resolved by a Judge, the lawyers can influence the outcome but the Judge controls it.  So on top of the financial, emotional and time cost of a trial, a trial gives you one other big headache – an uncertain outcome.

We asked our clients how our Dispute Solutions Team can serve them better. The answer was simple: give us certainty of outcome, time and budget. And by the way, don’t get in the way of our business while you do it!

If we take the approach that most disputes are simply another negotiation waiting to happen (and the stats show that 98% are), the process changes and we can deliver the certainty our clients have told us they want. This lets you stay in control, rather than surrendering control to a judge, who often has no experience in your business or industry.

To start the process, we bring in a team of internal experts in all areas of law to think-tank all the what-ifs, identify the risks and give definitive advice on achievable outcomes. We anticipate hurdles and run an early cost benefit analysis on them.  We fight the fights that make commercial sense.

We then use our proprietary legal project management tools to map a realistic pathway and budget to a resolution.  Of course, if the matter is a two percenter and a trial can’t be avoided, we not only map that for you, but we have a crack team with an agreed strategy fully immersed in all aspects and ready to fight for you.

Throughout the process we never lose sight of our goal: to deliver an agreed outcome on time, on budget without unduly disrupting your business.

At Kain Lawyers, because we look at law differently, we provide clean, clear, emotionless solutions to disputes on time and on budget.

For further information contact Rebecca Halkett.